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Can spouse collect child support for previous years?

Anonymous Asked:

been separated for over 10 years, in agreement it was stated that we would pay for childrens expenses in relation to income and no support payments to be paid by either party. Can one spouse claim and collect for support for previous years if they feel that they should have gone for support payments or does the original separation agreement hold up. custody is joint 50% each

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Jennifer M. Long, B.A. J.D.
8 years ago

A party may have a claim to retroactive child support if there has been a material change in circumstances since the time the agreement was signed. For example, parties may agree that custody of a child will be shared with no child support payable where the income level of both parents is comparable. However, if one party experiences an increase or decrease in income, this may constitute a material change in circumstances necessitating the revision of that party's child support obligation. ​Furthermore, w​here there​ may be an issue about the validity of the separation agreement itself (ie. one spouse now claims they did not understand what they were agreeing to or were not properly informed​ or there was duress​)​. ​ I would suggest that you review the agreement with a lawyer and discuss in further detail the circumstances surrounding the signing of the agreement and your current situation.

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